TERMS AND CONDITIONS OF THE “UKRlocal” UA APP

Chapter I. DEFINITIONS

Regulations – this document

Mobile application/Application – software called „UKRlocal” created by the Service Provider and made available to the User via Google Play, intended for installation in the memory of the Mobile Device.

Service Provider – Local Media Association with its registered office in Jarocin, address: 63-200 Jarocin, ul. Kasprzaka 1A, entered into the Register of Associations of the National Court Register under number 0000053250, with NIP: 697-200-72-11, REGON: 411150840.

User – a natural person, legal person or organizational unit without legal personality, being the disposer of a Mobile Device, being an Internet user using the Internet Portal or Application.

Publisher – publisher of the Internet portal cooperating with the Service Provider in the field of providing applications

Google – a company of Google Inc. registered in the state of Delaware (USA) with its registered office at 1600 Amphitheater Parkway, Mountain View California 94043, USA, which is the operator of the Google Play online store.

Google Play – software under the name: Play Store, created by the Google Company, intended for Mobile Devices with the AndroidTM system, enabling the use of the Google Play online store via a Mobile Device.

Mobile device – a device that allows the use of the Application and data transmission services, in particular a mobile phone or tablet, operating on the basis of the AndroidTM operating system.

Internet portal – a portal published by the Publisher, primarily used to provide information and advertising content and operating in the form of an Online Store.

Online store – a place on the Internet Portal used for commercial or service activities by the Service Provider or an external online store cooperating with the Service Provider as part of the Internet portal.

Website – content provided using the Application

Goods – products offered by the online store

Service – services provided by the Internet portal to the User electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344, as amended)

Agreement – an agreement for the provision of Services by the Service Provider to the User, concluded for an indefinite period in the mode specified in the Regulations, the subject of which is the provision of Services to the extent and under the conditions set out in the Regulations.

Chapter II. GENERAL PROVISIONS

These Regulations define the rules for using the „UKRlocal” mobile application launched on mobile devices, provided free of charge by the Service Provider.
The Service Provider provides the Regulations free of charge before concluding the Agreement in a way that allows Users to obtain, reproduce and record its content by printing or saving it on a carrier at any time. These Regulations are continuously available in the Mobile Application and in Google Play.
The User is obliged to comply with the provisions of the Regulations from the moment of its acceptance.
All rights to the Mobile Application and all materials contained therein, including proprietary copyrights, intellectual property rights to its name, logotypes belong to the Service Provider or third parties, and they may only be used in the manner specified and in accordance with the Regulations.
On the website provided thanks to the Application, brand names and trademarks may be presented for information purposes only and they are the property of the relevant entities.
The Service Provider has the right to place in the Application advertising content regarding the goods and services offered by it, as well as goods and services of third parties.
The technical condition for using the Application is to have a Mobile Device with the Android system and access to the Internet and an installed web browser. In order to use some Services, it is necessary to have an e-mail account running on any server. Using is possible via a web browser.
In order to use the full functionality of some of the Services available on the Internet Portal or Application, it is necessary to enable the SSL secure data transmission protocol, Java Script, Java, Flash and cookies in the User’s web browser.
These Regulations do not specify the rules for the possible use of Online Stores, the offers of which are presented in the Application. These rules are defined by the entrepreneur running a given Online Store on its website. The Portal or the Application are not an online store or a party to transactions made by Users in Online Stores belonging to third parties.

Chapter III. APPLICATION RULES

The Application may be used only on the terms and to the extent specified in these Regulations.
The User is entitled to use the Application’s resources only for their own use. The Service Provider does not consent to the use of the Application’s resources and functions in order for the User to conduct activities that would violate the interest of the Service Provider.
It is forbidden for the User to use the Application or Services in a way that violates the law, decency, personal rights of third parties or legitimate interests of the Service Provider.
Downloading the Application, as well as using the Services offered through it and using the Internet Portal is free of charge.
In order to install the Application on a mobile device, the User downloads the Application from the Google server via the Google Play online store. Downloading the Application may require the use of a web browser and the Google Play application.
The User may install the Application on a Mobile Device by following the instructions displayed on the screen of the Mobile Device during installation.
The procedure of obtaining access to the Application requires the User to submit a declaration of acceptance of the content of the Regulations.
The User may stop using the Application at any time by removing it from the Mobile Device in a standard manner for a given version of the operating system installed on the Mobile Device.
Users are obliged to use the Application in a manner consistent with applicable law, the Regulations and store regulations, the principles of social coexistence, including the general principles of using the Internet and mobile applications. If it is found that the User engages in activities prohibited by law or the Regulations, or violating the principles of social coexistence or detrimental to the legitimate interest of the Service Provider, in particular their good name, the User may take all actions permitted by law, including restricting the User’s ability to use the Application.
In the event of termination of the Agreement, the Service Provider immediately deactivates the User’s access to the Application, while the User is obliged to immediately uninstall the Application from the Mobile Device.
Users are obliged in particular to:

a) use the Application in a way that does not interfere with its functioning,

b) use the Application in a way that is not inconvenient for other Users and the Service Provider, respecting the personal rights of third parties (including the right to privacy) and any other rights they are entitled to,

c) use any information and materials made available through the Application only within the scope of permitted use

Any information provided by the User to the Service Provider, including information provided as part of using the Application, may not be unlawful, including may not infringe the rights of third parties.

Chapter IV. SERVICES AVAILABLE WITHIN THE APPLICATION

The services available in the Application are free of charge.
As part of the Application, the Service Provider enables, among others:

access to information, including local information;
the possibility of providing the Service Provider with information regarding, among others, current events, local community and more;
obtaining information about an advertising message;
the ability to go to promoted websites, including online stores;
User’s contact with the Service Provider.

The User has the option of posting, using the Application, individual and subjective statements relating to e.g. to the information provided by it. By adding statements, the User declares that he has all rights to this content, in particular proprietary copyrights, related rights and industrial property rights. The user is fully responsible for the content of the statement.
In order to post a statement, the User will be asked to indicate his e-mail address.
Statements should be edited in a transparent and understandable manner, and may not contain unlawful content, including profanity, obscene, pornographic content, inciting to spread hatred, racism, xenophobia and conflicts. Statements should not contain data of Users or other natural persons, in particular: name and surname, place of residence, telephone number or e-mail address, except when the tools available on the Internet Portal for posting or giving statements (e.g. forms) allow the indication data of Users or other natural persons, as well as content that violates the good name, reputation or reputation of other Users.
Statements may not violate applicable law, including the rights of third parties, in particular, they may not be defamatory, violate personal rights or constitute an act of unfair competition.
The user posts his statements voluntarily.
By posting a statement, the User agrees to the free use of this statement and its publication by the Service Provider, as well as making compilations of works within the meaning of the Act on Copyright and Related Rights (i.e. Journal of Laws of 2022, item 2509, as amended).
Within the limits permitted by law, the Service Provider is entitled to remove, in whole or in part, content that violates these Regulations or applicable law.
If the User concludes a transaction with the Online Store, it takes place under the conditions specified by the Online Store, in particular those set out in the Online Store’s regulations and generally applicable laws.

Chapter V. LICENSE

Once the User accepts the Regulations and downloads the Application to a mobile device, the Service Provider grants the User a license to use the Application.
The license is non-exclusive, non-transferable and unlimited in terms of territory. The license to use the Application is free of charge.
The license is granted for an indefinite period, without the right to sublicense, in the following fields of use:

a) entering into the memory (including RAM) of the Mobile Device,

b) recording in the memory of the Mobile Device and displaying on this Mobile Device,

c) temporary multiplication in the memory of the Mobile Device, necessary to use the Application,

d) adaptation of the Application necessary to use it via a Mobile Device (hardware and software configuration).

Any actions of the User related to:

a) researching and testing the functioning of the Application in order to learn the idea and principles of operation,

b) independent programming modification of the Application,

c) extracting the components of the Application, as well as modifying, decompiling and disassembling them in any way, and using them separately from the Application,

d) obtaining information, other than from the Service Provider, about the internal structure or principles of operation of the Application,

e) publishing the Application,

f) making the Application available to third parties other than publishing, including renting, leasing, lending or transferring, in particular for the purpose of copying the Application,

g) using the Application contrary to the Regulations, including as a result of taking actions prohibited by the Regulations or applicable law,

h) reverse engineering is prohibited.

The User’s violation of the license rules set out in this Chapter entitles the Service Provider to terminate the Agreement with immediate effect.

Chapter VI. TERMINATION OF THE AGREEMENT

The provision of the Services available as part of the Application by the Service Provider is indefinite. The User has the right to terminate the Agreement at any time.
The User may submit a statement of termination of the Agreement in writing by sending it to the Service Provider’s correspondence address provided in these Regulations or in electronic form to the e-mail address: [email protected] .
The declaration of termination of the Agreement may take any form, which will result in the will to terminate this Agreement. In particular, uninstalling the Application from the device will be treated by the Service Provider as termination of the Agreement.
Upon receipt of the statement of termination of the Agreement by the User, the Service Provider may send a confirmation of receipt of the statement to his e-mail address.
Termination of the contract in the manner specified above, and made by the consumer within 14 days from the date of conclusion of the Agreement, is treated as withdrawal from the Agreement by the consumer, unless the Consumer expressly states otherwise.

Chapter VII. PERSONAL DATA

Detailed information on the collection and processing of personal data is regulated by the Privacy Policy, which is attached as Appendix 2 to the Regulations.

Chapter VIII. COMPLAINTS

The User may submit complaints regarding the Services provided by the Service Provider, in particular their non-performance or improper performance.
Complaints can be submitted in writing in the form of a registered letter to the correspondence address of the Service Provider provided in these Regulations or in electronic form to the e-mail address: [email protected] . The model complaint form is attached as Appendix 1 to these Regulations.
The complaint should contain the name of the person lodging the complaint (name and surname, address of residence, e-mail address) and a description of the event giving rise to the complaint.
Complaints will be considered within 14 days from the date of their receipt by the Service Provider.

Chapter IX. EXTRA-JUDICIAL METHODS OF SETTLEMENT OF COMPLAINTS AND SUFFERING CLAIMS

Users who are consumers have e.g. the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:

a) they are entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement,

b) are entitled to apply to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the User and the Service Provider,

c) they can obtain free assistance in resolving a dispute between the User and the Service Provider, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) . Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address : [email protected] .

Chapter X. FINAL PROVISIONS

The Regulations are available in Polish.
Settlement of any disputes arising between the Service Provider and the User who is a Consumer is submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.
Settlement of any disputes arising between the Service Provider and the User who is not a Consumer shall be submitted to the court competent for the seat of the Service Provider.
In the event of changes to this document, the User will be informed through information in the Application containing a list of changes and the date of their entry into force. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the User does not accept the new content of the Regulations, he is obliged to notify the Service Provider of this fact within 14 days from the date of notification of the change in the Regulations.
In all matters not covered by these Regulations, the provisions of generally applicable Polish law shall apply, in particular the provisions of the Civil Code, the Act on the Protection of Personal Data and the Act on Providing Services by Electronic Means.
The Regulations come into force on June 15, 2023.

Appendix No. 1 to the Regulations

Complaint form

……………………………………..

/User’s name/

…………………………………….

/User’s address/

…………………………………….

/User’s e-mail address/

Local Media Association

63-200 Jarocin

ul. Kasprzaka 1A

Complaint regarding the provision of electronic services I hereby inform you that in connection with the provision of electronic services by the Local Media Association

I am submitting a complaint regarding the service: …………………………………………………………………………………………

Description of the problem:

………………………………………………………………………………………………………………………

…………………………………………..……………………………………………………………….

………………………………………………………………………………………………………………………

……………………………..

/Signature/